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S1658 - Summary

S1658 - Sponsor Memo

BILL NUMBER:S1658
TITLE OF BILL:
An act
to amend the education law, in relation to pre and post
test reporting requirements and test site registration and sign in
PURPOSE:
To codify newly created security procedures for the administration of
undergraduate college admission tests.
SUMMARY OF PROVISIONS:
Section 1. Amends section 340 of the education law to add five new
definitions.
Section 2. Amends the education law to add a new section 344-d in
relation to pre and post test reporting requirements and testing site
registration and sign in requirements.
Section 3. Requires testing agencies to report to the higher education
committees one year after the effective date.
Section 4. Sets for the effective date
JUSTIFICATION;

This bill is necessary to create deterrents from cheating on post
secondary standardized tests and to improve identification
verification of those who take such exams in this state.
In recent months, an SAT cheating scandal was discovered on Long
Island. It was found that high school students were paying large sums
of money to college students who falsified identifications and Look
the SATs for them. This scandal included up to 50 students, some of
who were middle men who connected the impersonating test takers with
the high schools students who had the ability to pay up to $3,600 for
another to take the exam for them.
The Senate Standing Committee on Higher Education held hearings on
this issue in October of 2011. It was discovered that lax test site
identification procedures and no test take reporting requirements
allowed such egregious conduct to occur.
With the increasing number of college applicants fighting for limited
spots, getting into the college of your choice has become more and
more competitive. Therefore, there has been increased importance
placed a student's SAT or ACT score. When a student cheats, such
behavior has the potential to displace honest, hard working students
from the most competitive colleges. Students who didn't earn and
don't deserve such coveted placements should not have this unfair
advantage.
LEGISLATIVE HISTORY: 2012 S.7719.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

S T A T E O F N E W Y O R K
________________________________________________________________________
1658
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. LAVALLE, MARTINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to pre and post test
reporting requirements and test site registration and sign in
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 340 of the education law, as
amended by chapter 813 of the laws of 1980, is amended and five new
subdivisions 10, 11, 12, 13 and 14 are added to read as follows:
3. "Test subject" means an individual to whom a test is administered
OR AN INDIVIDUAL WHO HAS REGISTERED TO TAKE A TEST.
10. "HOME HIGH SCHOOL" MEANS THE HIGH SCHOOL AT WHICH A TEST SUBJECT
IS OR WAS A MATRICULATED STUDENT AT THE TIME OF TESTING.
11. "TESTING SITE" MEANS ANY LOCATION WHERE A STANDARDIZED TEST IS
ADMINISTERED TO A TEST SUBJECT.
12. "TEST SITE PERSONNEL" MEANS A PERSON PRESENT AT A TESTING SITE WHO
SIGNS IN TEST SUBJECTS WHO ARE REGISTERED TO TAKE THE TEST AT THAT SITE
AND WHO OVERSEES THE ADMINISTRATION OF A STANDARDIZED TEST. FOR PURPOSES
OF THIS DEFINITION, TESTING SITE PERSONNEL MAY INCLUDE, BUT NOT BE
LIMITED TO, A PROCTOR, TEST CENTER SUPERVISOR, ASSISTANT SUPERVISOR OR A
ROOM PROCTOR. EACH MAY HAVE A DIFFERENT ROLE IN TEST ADMINISTRATION
OVERSIGHT.
13. "ACCEPTABLE PHOTO IDENTIFICATION" MEANS A SCHOOL IDENTIFICATION
CARD, A SCHOOL IDENTIFICATION FORM PREPARED BY THE HOME HIGH SCHOOL, A
STATE-ISSUED DRIVER'S LICENSE, A STATE-ISSUED NON-DRIVER'S LICENSE, A
PASSPORT, A MILITARY IDENTIFICATION CARD OR A GOVERNMENT ISSUED IDEN-
TIFICATION CARD. THE PHOTOGRAPH ON ANY SUCH IDENTIFICATION CARD MUST BE
A CURRENT REPRESENTATION OF THE TEST TAKER'S IMAGE.
14. "PHOTO ADMISSION TICKET" MEANS A TICKET ASSIGNED TO A TEST REGIS-
TRANT, UPON REGISTERING TO TAKE THE ACT ASSESSMENT (ACT) OR THE SAT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD06205-01-3
S. 1658 2
WHICH IS PRODUCED BY THE TEST AGENCY ACCORDING TO SUCH AGENCY'S RULES,
REGULATIONS OR PROTOCOLS.
S 2. The education law is amended by adding a new section 344-d to
read as follows:
S 344-D. PRE AND POST TEST REPORTING REQUIREMENTS AND TESTING SITE
REGISTRATION AND SIGN IN REQUIREMENTS. 1. THIS SECTION SHALL ONLY APPLY
TO UNDERGRADUATE COLLEGE ADMISSION EXAMS SUCH AS THE SAT OR THE ACT
ASSESSMENT (ACT).
2. (A) UPON REGISTERING TO SIT FOR THE SAT OR ACT A TEST SUBJECT SHALL
REPORT TO THEIR HOME HIGH SCHOOL THE TESTING SITE AT WHICH THEY ARE
REGISTERED TO TAKE THE EXAM;
(B) UPON COMPLETION OF THE EXAM AND RECEIPT OF THEIR SCORE, THE TEST
SUBJECT MUST REPORT SUCH SCORE TO THEIR HOME HIGH SCHOOL.
3. IN ORDER FOR A TEST SUBJECT TO SIT FOR SAT OR ACT THE TEST SUBJECT
UPON SIGN IN, MUST PROVIDE TO THE APPROPRIATE TEST SITE PERSONNEL AT THE
TESTING SITE, THE FOLLOWING:
(A) IF A TEST SUBJECT IS REGISTERED TO TAKE AND IS TAKING THE TEST AT
THEIR HOME HIGH SCHOOL OR IF THE TEST SUBJECT IS REGISTERED TO TAKE THE
EXAM AND IS TAKING THE EXAM AT A SITE THAT IS NOT THE TEST SUBJECT'S
HOME HIGH SCHOOL, THE TEST SUBJECT MUST PROVIDE ONE FORM OF ACCEPTABLE
PHOTO IDENTIFICATION AND A PHOTO ADMISSION TICKET.
(B) A TEST SUBJECT MUST PRE-REGISTER TO TAKE THE EXAM AND MUST TAKE
THE EXAM AT THE TESTING SITE AT WHICH THEY ARE REGISTERED. WALK-INS TO A
DIFFERENT SITE SHALL NOT BE ALLOWED TO SIT FOR THE EXAM.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT ANY OTHER TEST
DAY OR POST TEST DAY POLICIES AND PROCEDURES REQUIRED BY THE TEST AGEN-
CY.
S 3. Reporting. The test agencies administering the SAT and ACT shall
report to the higher education committees in the senate and the assembly
one year from the effective date of this act. Any further reports shall
be given upon request of either committee chair, after a reasonable time
has been given for such test agencies to compile such report. Such
report shall include but not be limited to:
(a) a review of current security procedures;
(b) the number of cases of suspected test score irregularity;
(c) the number of canceled test scores per year and the number of
cases referred to the proper authorities; and
(d) a review of test site personnel training procedures.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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